‘Not Illegal to Teach Drunk’: California Prosecutors Drop Charges Against Intoxicated Elementary School Teacher

A Northern California elementary school teacher who was arrested for being drunk on the job will not face any charges after prosecutors conceded that “it is not illegal to teach drunk.”

Wendy Munson, a second-grade teacher at Nuestro Elementary in Live Oak, was arrested in October 2023 on driving under the influence (DUI) and child endangerment charges after another staff member accused her of being drunk in class, CBS News reported. 

California elementary teacher arrested after allegedly driving to school, teaching class drunk https://t.co/PFQWMV2NHz pic.twitter.com/hrgSxp7Ifn

— CBS Sacramento (@CBSSacramento) October 3, 2023

Munson’s blood alcohol content was found to be two times the legal limit, investigators said. 

Despite this, Sutter County District Attorney Jennifer Dupre said the law does not allow Munson to be held on criminal charges. 

“It is not illegal to teach drunk,” she said, adding that prosecutors could not prove that Munson drunk-drove to work. “There was the possibility that she drank after she arrived at the school.”

The district attorney also could not prove that Munson’s intoxication would “endanger” her students. 

“We would have to prove that she is unable to care for herself and others, and the investigation didn’t show that,” Dupre said. 

“We tried because I don’t like the conduct. It’s not acceptable, but it’s, unfortunately, not criminal,” Dupre said, adding that she does not “support anyone teaching drunk.”

While Nuestro Elementary School no longer has Munson listed on its website as a teacher, it is unclear if she was terminated or had her teacher’s license revoked.